KAMPALA, UGANDA — The Ugandan government has formally broadened the scope of the Transfer of Convicted Offenders Act to encompass the United Kingdom, a development legal analysts interpret as a significant move towards enabling the repatriation of convicted Ugandan judge, Lady Justice Lydia Mugambe.
On March 13, 2025, the Oxford Crown Court delivered a guilty verdict against Mugambe on four counts, including the trafficking of a Ugandan woman to the UK under false pretenses, forced labour, an immigration offense, and conspiracy to intimidate a witness.
Now, through the issuance of Statutory Instrument No. 37 of 2025—The Transfer of Convicted Offenders (Application of Act to the United Kingdom) Instrument—signed by the Minister of Justice and Constitutional Affairs, Norbert Mao, on April 3 and officially gazetted on April 14, Uganda and the UK have established a formal legal mechanism for the transfer of convicted individuals between the two nations.
This instrument facilitates the reciprocal relocation of prisoners to serve their sentences within their country of origin, particularly between Uganda and fellow Commonwealth member states.
While the Transfer of Convicted Offenders Act (Cap 134) has been in existence for some time, its specific application to the UK represents a novel and crucial development.
Legal sources have speculated that the statutory instrument was expedited with the specific intention of facilitating Mugambe’s return to Uganda to serve her imposed sentence.
Mugambe, 49, who was pursuing a Doctorate in Law at the University of Oxford, was taken into custody in August 2024 and has remained in detention in the UK since that time.
During the legal proceedings, the lead prosecutor, Caroline Haughey, contended that Mugambe had exploited the victim’s vulnerability and lack of awareness regarding her rights. Despite maintaining her innocence throughout the trial, Mugambe was found guilty, with her sentencing scheduled for May 2, 2025.
Within Uganda’s legal community, the case has ignited considerable debate. Some observers suggest the judge was subjected to blackmail by her domestic employee, while others posit that the newly enacted statutory instrument is a specifically designed legal instrument intended for her benefit.
“Universities owe us a tuition refund,” remarked one Ugandan lawyer with knowledge of the situation, speaking under the condition of anonymity. “They taught us that laws operate in rem, not in personam—but everything in practice seems determined by who, not what. This law is meant to save Justice Mugambe.”
Another legal source corroborated that preparations for Mugambe’s transfer back to Uganda under the newly established framework are already underway. When contacted for comment, Simon Peter Jamba, the spokesperson for the Ministry of Justice and Constitutional Affairs, verified the authenticity of the statutory instrument but declined to comment directly on Mugambe’s case, stating that he was “not in position to speak on the matter at the time.”
The Transfer of Convicted Offenders Act (Cap 134) authorizes the transfer of convicted individuals between Uganda and participating Commonwealth nations, enabling them to serve their custodial sentences closer to their home environments.
The legislation outlines specific conditions for such transfers, including the consent of the prisoner and mutual agreement between the involved states. Mugambe’s conviction has raised pertinent questions regarding the administration of justice, the potential for selective application of laws, and the diplomatic relationship between Uganda and the UK.
It is noteworthy that Mugambe had also been appointed as a United Nations judge in May 2023, a position she held prior to her arrest.
